92 Decision Citation: BVA 92-13185
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-48 154 ) DATE
)
)
)
THE ISSUE
Entitlement to a compensable evaluation for post-operative
residuals of ligation of varicose veins of the left leg.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of the
United States
ATTORNEY FOR THE BOARD
J. T. Hutcheson, Associate Counsel
INTRODUCTION
This matter came before the Board of Veterans' Appeals
(hereinafter "the Board") on appeal from a January 9, 1991
rating action of the St. Louis, Missouri Regional Office
(hereinafter "the RO"). The veteran had active military
service from October 1947 to September 1953. The notice of
disagreement was received on February 11, 1991. The
statement of the case was issued on May 3, 1991. The
substantive appeal was received on July 12, 1991. A
supplemental statement of the case was issued on July 31,
1991. The veteran has been represented throughout this
appeal by the Veterans of Foreign Wars of the United
States. That organization submitted written argument on
October 16, 1991. This appeal was received and docketed at
the Board in November 1991. A written presentation from the
representative was submitted on February 25, 1992.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran asserts that the RO committed error in denying a
compensable evaluation for his varicose veins as they are
productive of a significant symptomatology. He contends
that he has received recent treatment for left leg
complaints.
DECISION OF THE BOARD
For the reasons and bases hereinafter set forth, it is the
decision of the Board that the record supports the grant of
a 10 percent evaluation for the veteran's varicose veins of
the left leg.
FINDING OF FACT
The veteran's varicose veins of the left leg are manifested
by complaints of left leg pain; nocturnal cramping; one-plus
edema; a negative Homan's sign; and no evidence of
involvement above the knee or of the long saphenous vein.
CONCLUSION OF LAW
The schedular criteria for a 10 percent rating for
post-operative residuals of ligation of varicose veins of
the left leg have been met. 38 U.S.C. §§ 1155, 5107; 38
C.F.R. Part 4 including § 4.3 and Code 7120.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Initially, it is necessary to determine if the veteran has
submitted a well-grounded claim within the meaning of
38 U.S.C. § 5107(a) and if so, whether the Department of
Veterans Affairs (hereinafter "VA") has properly assisted
him in the development of his claim. A "well-grounded"
claim is one which is not implausible. Our review of the
record indicates that the veteran's claim is reasonable and
that all relevant facts have been properly developed.
Accordingly, a remand in order to allow for additional
development of the record is not appropriate.
I. Historical Review
The veteran's service medical records indicate that he
underwent surgical ligation of varicose veins of the left
leg in July 1952. The varicosities were located in the left
upper calf. At physical examination for service separation
in September 1953, no lower extremity abnormalities were
identified.
II. Increased Evaluation
Disability evaluations are determined by comparing the
veteran's current symptomatology with the criteria set forth
in The Schedule for Rating Disabilities. A noncompensable
evaluation is warranted for mild varicose veins or for
varicose veins with no symptoms. A 10 percent evaluation is
warranted for moderate unilateral varicose veins where there
are varicosities of the superficial veins below the knee and
symptoms of pain or cramping on exertion. A 20 percent
evaluation requires moderately severe unilateral varicose
veins involving the superficial veins above and below the
knee with involvement of the long saphenous vein,
varicosities ranging in size from 1 to 2 centimeters in
diameter, and symptoms of pain or cramping on exertion, but
with no involvement of the deep circulation. Severe
varicosities below the knee with ulceration, scarring, or
discoloration and painful symptoms are also evaluated at the
20 percent level as moderately severe varicose veins.
38 C.F.R. Part 4, Code 7120.
A VA outpatient treatment record dated in February 1991
relates that the veteran complained of left leg swelling of
2 to 3 years' duration and exhibited varicose veins of the
left leg and a negative Homan's sign. In March 1991, the
veteran presented complaints of leg swelling and nocturnal
cramps. On examination, the VA physician found one-plus
edema of the leg. The Board observes that the entry does
not clearly delineate whether the veteran's symptoms
affected his left leg, his right leg or both legs. At the
April 1991 VA examination for compensation purposes, the
veteran exhibited one-plus edema of the left leg, no left
calf tenderness and a negative Homan's sign.
The Board notes that the veteran's left leg disorder is
manifested by varicose veins with associated pain, cramping
and edema. We find that such symptomatology merits a
compensable evaluation of 10 percent. The veteran's
varicose veins have not been shown to be productive of
varicosities of the long saphenous vein ranging in size from
1-2 centimeters in diameter. Also, the varicosities shown
in service were below the left knee, and they have never
been shown to be above the knee. Therefore, we conclude
that more than a 10 percent rating is not warranted for his
service-connected disability.
We have considered the potential application of various
provisions of Title 38 of the Code of Federal Regulations
whether or not they were raised by the veteran as required
by the holding of the United States Court of Veterans
Appeals in Schafrath v. Derwinski, U.S. Vet. App. No. 89-114
at 6 (November 26, 1991). In particular, we find that the
evidence does not suggest that the veteran's varicose veins
present such an exceptional or unusual disability picture as
to render impractical the application of the regular
schedular standards so as to warrant assignment of an
extraschedular evaluation under the provisions of 38 C.F.R.
§ 3.321(b)(1).
ORDER
A 10 percent evaluation for post-operative residuals of
ligation of varicose veins of the left leg is granted
subject to the laws and regulations governing the effective
dates of monetary benefits.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
IRVIN H. PEISER, M.D.
E. W. SEERY
*38 U.S.C. § 7102(a)(2)(A) (1992) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266 (1992),
a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the
agency of original jurisdiction on or after November 18,
1988. Veterans' Judicial Review Act, Pub. L. No. 100-687,
§ 402 (1988). The date which appears on the face of this
decision constitutes the date of mailing and the copy of
this decision which you have received is your notice of the
action taken on your appeal by the Board of Veterans'
Appeals.